True-true. questions relating to an applicants arrest record are improper, while questions of an applicants conviction record may be asked, if job related. the employer must establish a business necessity for use of an applicants conviction record in its employment decision. in establishing business necessity, the employer must consider three factors to justify use of a conviction record: (1) nature and gravity of the offense for which convicted; (2) amount of time that has elapsed since the applicants conviction and/or completion of sentence; and (3) the nature of the job in question as it relates to the nature of the offense committed.